The election of the AfD candidate Bert Matthias Gärtner to the BW Constitutional Court causes outrage. Because: The candidate did not only get votes from his party.
On Wednesday, the Baden-Württemberg state parliament voted for the AfD’s candidate, management consultant Bert Matthias Gärtner, for the Constitutional Court in Stuttgart in the third attempt. Many are outraged by this.
You don’t vote for constitutional enemies in the Constitutional Court, wrote the SPD on Twitter. Their MP Sascha Binder is still appalled by the result of the vote, as he makes clear in this Twitter video:
The Green politician Cem Özdemir emphasized that there was always only one “no” left for AfD candidates. Bernd Riexinger from the Left considers the election a “shame” and warned that “the browns respect everything, but certainly not this constitution”. And the CDU MEP Dennis Radtke tweeted: “When Nazis play games, I expect everyone to straighten their backs”.
AfD parliamentary group leader Bernd Gögel emphasized, however, that the AfD candidate Matthias Gärtner had been elected in a secret ballot. That corresponds to parliamentary practice. Gärtner did not introduce himself to the other groups – which he is accused of, but the offer did exist.
After failures in the first two ballots, the AfD candidate Bert Matthias Gärtner was elected on Wednesday with 37 yes-votes as a deputy member without qualification for judicial office. 32 MPs voted no, 77 abstained.
Where do the 20 non-AfD votes come from?
Since the AfD parliamentary group only has 17 members in the state parliament, MPs from other parties must also have voted for gardeners. However, the Greens and SPD deny this for all of their parliamentary groups. The parliamentary manager of the CDU, Andreas Deuschle, said: “As Christian Democrats, we resolutely reject any kind of cooperation with the AfD.” At the same time, however, there were no agreements for the secret election. FDP parliamentary group leader Rülke made a similar statement – although there had been a recommendation not to vote for gardeners, the election was ultimately secret.
For AfD parliamentary group leader Bernd Gögel, speculation about which MPs outside of his parliamentary group might have voted for gardeners is forbidden. And the fact that Riexinger speaks of “shame” says everything about his thinking and especially about the state of this democracy.
Nine judges for nine years
The Landtag elects the members of the Constitutional Court and their respective deputies for nine years. The panel consists of nine judges, three of whom are professional lawyers. Three others are qualified to be judges, the other three are not.
Six positions currently had to be filled. All parliamentary groups in the state parliament have the right to propose members. The other five candidates (four from the Greens, one from the CDU) have been confirmed since the first ballot.